HC seeks govt, police reply on disposal of child abuse cases

Delhi High Court today sought the response of the AAP government and city police chief on a plea seeking time-bound trial and disposal of cases relating to sexual offences, particularly against children.
A bench of Chief Justice G Rohini and Justice Jayant Nath also issued notice to the authorities and asked them to file a status report with regard to the issues raised in a petition file by NGO Bachpan Bachao Andolan (BBA).
"Issue notice. Respondent 2 and 3 (Delhi government and Delhi Police Commissioner) to file status report," the court said while listing the matter for further hearing on March 9.

The court's direction came on plea by BBA, which was represented by advocate Bhuvan Ribhu, who stated that not only does the CrPC, but even the Constitution "envisages a citizen's fundamental right to a fast and a speedy trial".
The petitioner also stated that "despite the introduction of Protection of Children from Sexual Offences (POCSO) Act, there has been an incessant delay in the investigation, trial and adjudication of cases in courts in Delhi".
"Significantly, the same is despite consistent directions by the Supreme Court vis-a-vis a swift investigation to be done by the police, followed by a time bound trial in cases involving sexual offences.

"That, a perusal of statistics released in the year 2014 by NCRB for cases involving the POCSO Act, elucidates grave delays not only in investigations by the Delhi police but also in criminal trials by courts," the counsel contended.

Supporting the contentions raised by the NGO, advocate Prabhsay Kaur, appearing for Delhi Commission for Women (DCW), said that a record of pending cases should be called from all districts of Delhi.
The NGO sought direction to police "to adhere to a time
bound investigation within three months" in cases of sexual offences, rape or sexual assault against children.
It said that a direction should be given to the courts subordinate to the High Court to complete the trial in a time bound manner.

It also sought directions to DCW and Delhi State Legal Services Authority to monitor the rehabilitation and counselling of all rape and sexual abuse victims, girls and boys respectively, for as long as possible.
The plea further stated that the court should direct all hospitals of Delhi to provide "medical and psychological care" required in case of a sexual abuse survivor approaching the said hospital for treatment.
The NGO said, "despite a clear legislative mandate, the NCRB's Crime in India Report 2014 establishes a total of 8379 cases of POCSO that were presented for trial in the year 2014, out of which 1806 cases were pending trial from the previous year.

"Out of the total 8379 cases, trial was completed in only 409 cases. That at the current rate of trial, it will take 20 years to complete the trial of the existing set of cases, even if no new cases are sent to trial during that time," the NGO counsel stated.
He said the said report also establishes that out of 8379 cases tried under various offences of POCSO, conviction of accused happened in only 100 cases, which was only one per cent of the total number. "Further in 4 per cent of cases, there was acquittal of the accused, and in the remaining 95 per cent of cases, trial is still pending.

"That, similarly, out of a total number of 37519 cases of rape against minor children that were tried under Section 376 of the Indian Penal Code, in 5527 cases, trial was completed with 1717 convictions and 3810 acquittals," the plea said.
It further said that only in about 14 per cent of reported cases of rape against children trial has been completed, and there has been conviction in only in less than 5 per cent of reported cases of rape against children.
"In Delhi, the situation is no better where 1004 cases of rape against children were registered in 2014. 107 cases are registered under POCSO Act in Delhi in the year 2014," the plea added.